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I'm looking to get some answers regarding Tenants in common for our families land in northern Michigan.
1) When a property is set up as tenants in common, if one of the other owners passes away, do they loose their portion and the other members gain the previous members property ( I read this on the net and it seemed a bit out there-I thought it would go to the next of Kin).
2) We have two out of the 4 members who want to sell the property, with a third on the fence (the 4th refuses to return any phone calls). With a majority vote, can there be a forced sale, or must we go to court to get a partition?
3) The 4th family member has given permission (in years past) to the neighbor across the street to use the property and to look over it when we are not up there. However, most of us feel he has severely abused his privilege (The cabin mud room was stuffed with his stuff/junk, he now thinks the property is his storage yard with multiple vehicles stored all over the place, he keeps giving other permission to use the land without our knowledge, and the real winner was he changed the locks over the winter because the "lock had frozen up.") With the 4th family member giving permission, can other owners revoke his privilege to use the land if we feel he is abusing this privilege??
Thanks for reading through this and your answers are greatly appreciated
 

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1) Land goes to the surviving partners - this ownership feature is used to exclude unwanted partners...only heirs of the last man standing are in line

2)Barring some other contract - you'll have to have a judge break it up.

3)If the family member is an owner, he/she has owner rights.

Sorry.
 

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Can one party of tenants in common sell their share to a third party?
Depends on the contract, all of the above is correct but the contract has the final word from a legal standpoint. I seen TIC's worded to be identical to Tenants is severalty.
It's always in the fine print.
 

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